TRENTON, NJ – The New Jersey Assembly Health Committee has endorsed Assembly Bill No. 1989 (1R) with amendments, significantly expanding the state’s ban on flavored tobacco products. This new bill, following its amendments, includes a ban on the sale of menthol cigarettes, clove cigarettes, flavored oral nicotine pouches, and non-premium cigars.
Originally, the 2008 law banning flavored cigarettes exempted menthol cigarettes and clove cigarettes. However, federal law subsequently prohibited clove cigarettes in 2009. The current amendment aligns New Jersey law with these federal standards and addresses emerging tobacco products like flavored oral nicotine pouches and non-premium cigars.
The bill shifts the focus of enforcement from individuals to retailers. It prohibits retailers from selling, offering, distributing, or furnishing any of these products, either directly or through vending machines. The definition of a prohibited product extends to any item containing a flavoring that imparts a taste other than tobacco.
Penalties for violations have been outlined clearly: a civil penalty of at least $250 for the first violation, increasing to $500 for the second, and $1,000 for each subsequent violation. Moreover, the Division of Taxation in the Department of the Treasury, upon a municipality’s recommendation, has the authority to suspend or revoke a retailer’s tobacco retailer license after repeated violations. Retailers may also face administrative charges, with the possibility of monetary penalties as an alternative to suspension.